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In the Name of Security  Secrecy, Surveillance and Journalism

In the Name of Security Secrecy, Surveillance and Journalism

Johan Lidberg | Denis Muller

(2018)

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Book Details

Abstract

The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism?

At the core of the book sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision?

‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.


Johan Lidberg is associate professor in journalism in the School of Media, Film and Journalism, at Monash University in Melbourne, Australia, where he is also the research coordinator and deputy head of the journalism department.

Denis Muller is senior research fellow at the Centre for Advancing Journalism, Melbourne University, Australia.


The terrorist attacks on the World Trade Center in New York on 11 September 2001 saw the start of the so-called war on terror. The aim of ‘In the Name of Security – Secrecy, Surveillance and Journalism’is to assess the impact of surveillance and other security measures on in-depth public interest journalism. How has the global fear-driven security paradigm sparked by 11 September affected journalism? Moves by governments to expand the powers of intelligence and security organizations and legislate for the retention of personal data for several years have the potential to stall investigative journalism. Such journalism, with its focus on accountability and scrutiny of powerful interests in society, is a pillar of democracy.

Investigative journalism informs society by providing information that enables citizens to have input into democratic processes. But will whistleblowers acting in public interest in future contact reporters if they risk being exposed by state and corporate surveillance? Will journalists provide fearless coverage of security issues when they risk jail for reporting them?

At the core of ‘In the Name of Security – Secrecy, Surveillance and Journalism’ sits what the authors have labeled the ‘trust us dilemma’. Governments justify passing, at times, oppressive and far-reaching anti-terror laws to keep citizens safe from terror. By doing so governments are asking the public to trust their good intentions and the integrity of the security agencies. But how can the public decide to trust the government and its agencies if it does not have access to information on which to base its decision?

‘In the Name of Security – Secrecy, Surveillance and Journalism’ takes an internationally comparative approach using case studies from the powerful intelligence-sharing group known as the Five Eyes consisting of the US, Canada, the UK, Australia and New Zealand. Chapters assessing a selection of EU countries and some of the BRICS countries provide additional and important points of comparison to the English-speaking countries that make up the Five Eyes.

The core questions in the book are investigated and assessed in the disciplines of journalism studies, law and international relations. The topics covered include an overview and assessment of the latest technological developments allowing the mass surveillance of large populations including the use of drones (Unmanned Aerial Vehicles).

Table of Contents

Section Title Page Action Price
Cover Cover 1
Front Matter i
Half-title i
Title page iii
Copyright information iv
Table of contents v
List of tables ix
Chapter Int-11 1
Introduction 1
The Role of Journalism in Liberal Democracies 4
Approach and Methodology 5
The Five Eyes 5
Further Points of Comparison 8
The Tshwane Principles 8
Axis of Deceit 9
Overview of the Book 10
References 12
Chapter 1 The Public Privacy Conundrum – Anonymity and the Law in an Era of Mass Surveillance 15
Introduction 15
The Technological Threats 16
The Limitations of Laws That Regulate Surveillance 18
Overview 18
Australia 19
Telecommunications privacy laws 19
Surveillance laws 19
Access to metadata 20
Case study 21
Canada 21
Interceptions and surveillance 21
Information privacy laws 22
Human rights 23
Access to metadata 23
New Zealand 23
Interception and surveillance laws 23
Information privacy laws 24
Human rights 24
Access to metadata 24
United Kingdom 24
Communications privacy laws 24
Other privacy laws 25
Human Rights 25
Access to metadata 25
Case study 25
United States 26
Surveillance laws 27
Information privacy laws 27
Human Rights 27
Access to metadata 28
The Practical Implications for Journalists 28
Conclusion 29
References 30
Chapter 2 Undesirable Types – The Surveillance of Journalists 33
Introduction 33
The ‘Nuisance’ 35
‘A Man to be Checked’ 37
The Cold War and ‘Communist Stuff’ 38
The File as Biography 44
Conclusion 46
References 47
Chapter 3 Surveillance and National Security ‘Hyper-Legislation’ – Calibrating... 51
Introduction 51
Background: The National Security Hyper-Legislative Threat to Free Expression 53
Free Expression in International Human Rights Instruments and Five Eyes Constitutions 56
Free expression in the United States 56
Free expression in Canada 58
Free expression in the UK 59
Free expression in New Zealand 60
Case Study: The Australian Situation 61
Case Study: National Security ‘Hyper-Legislation’ in Australia 64
Special Recognition for Journalists and Media through Shield Laws 67
Surveillance and Journalists’ Sources – International and Australian Research 69
Conclusion 70
References 73
Chapter 4 The Ethics of Reporting National Security Matters 77
Introduction 77
A Definitional Challenge 77
Truth-telling 79
The public interest 80
Protection of sources 81
Independence from government 85
Harm 86
Case Study: The Australian and Counterterrorism 88
Conclusion 93
References 97
Chapter 5 When one Person’s Noble Whistleblower Becomes Another’s Poisonous Leaker 101
Introduction 101
Journalist–Source Relationships 102
Journalists and whistleblowers 105
Case Studies 106
Case one: Deep Throat 106
Case two: Plamegate 109
Case three: Andrew Wilkie 111
Case four: Kathy Jackson 112
Discussion 115
Conclusion 116
References 117
Chapter 6 Who Watches the Watchmen? Access to Information, Accountability and Government Secrecy 121
Introduction 121
The Evolution of Freedom of Information 122
Case Studies 128
Sweden: In utmost secrecy 128
United States: CIA interrogation/torture manuals 130
Canada: The C-51 Bill controversy 131
New Zealand: The Ahmed Zaoui case 132
Australia and the United Kingdom: FOI does not apply 133
Discussion 134
Conclusion 136
References 137
Chapter 7 Eyes and Ears in the Sky – Drones and Mass Surveillance 139
Introduction 139
Drones, Drones Everywhere 140
Reporting Drones 143
Drone journalism 148
Regulating drone journalists 149
Conclusion: Drone Journalism and the Future Normalisation of the Eyes in the Sky? 152
References 154
Chapter 8 Looking Over my Shoulder – Public Perceptions of Surveillance 159
Introduction 159
Background 159
And Then There Was 9/11 161
Attitudes in the United States 167
Attitudes in the United Kingdom 168
Conclusion 169
References 171
Chapter 9 Journalism and National Security in Three Bisa Countries – Brazil, India and South Africa 173
Introduction 173
Brazil 174
Access to information and investigative journalism in Brazil 176
Protection of journalistic sources and whistleblowing in Brazil 177
Conclusion: Brazil 179
India 180
Defining national security 181
Confidential classification, no declassification 183
RTI’s contradictory orders 183
Denials on frivolous grounds 184
Conclusion: India 185
South Africa 185
Protection of State Security Bill 187
Whistleblowers 188
Case study on protection of sources 188
Conclusion: South Africa 189
Conclusion Concerning the BISA Countries 189
Acknowledgements 192
References 192
Chapter 10 Journalism and National Security in the European Union 195
Introduction 195
Information Access in the EU 197
FOI in Denmark 198
FOI in Germany 199
Case Studies 200
The European Union 200
Denmark 202
Germany 202
Discussion 203
Conclusion 207
References 207
Chapter 11 The Security Reporter Today – Journalists and Journalism in an Age of Surveillance 209
Introduction 209
Security Reporters and the Interpretive Community of Australian Journalism 210
Discursive Strategies and the Construction of Journalism 212
Taking Australia into a Reign of Terror: Journalism, Democracy and National Security 213
This is not a law about journalists 214
An outrageous attack on press freedom 215
A real danger to journalists 217
Journalists and Journalism in the Five Eyes Network 219
Conclusion: Freedom, Risk and Security – The Security Reporter Today 223
References 225
Conclusion: Journalism and The State of Exception 231
Five Eyes Compared 234
The Tshwane Principles – The Way Ahead 234
The Open Government Partnership 237
The Rise and Rule of President Donald Trump 238
Russian intervention 238
Trump’s autocratic tendencies 239
Trump and the media 239
Never-Ending State of Exception? 241
References 242
End Matter 249
List of contributors 245
Index 249